Daily Republican. [volume] ([Wilmington, Del.]) 1874-1890, 1887-02-10
rnis mornings Cssrt.

| the f,rst deeree in killing Patrick IL.
Coyle. on October LIST, wss again 70
sumed and Walter Bacon, Esq., mad
the opening argument TO the J ary ioi
the defeuse. When he concluded OIL
10 20 O'Clock, the examination OF Wit
nesses WAS oom Denced.
Matthew McDopough wss sworn, and
testified that on the night OF October
let he went to where Elliott was en-
ployed, 1t Water aud Tstnall streets,
Abont O'Clock, and shortly Afterwards
Doyle came to the place. 1t was pro
posed that they should have somothina
TO drink, and they went 70 koily's 80.
loon at second and TAtuall streets. and
from there to CAROLS, on Water street
near King, TO see John L. Sullivan.
From there they went to Lesg's Allan
ito Garden, on King street above SEQ.
ond. and had several drinks.
They left Leag's ct 10 ID O'Clock and
went to Front and King strees, where
Elliott left the witness and Coyle Abou,
10 80 O'Clock, aud went ont Front street
toward Justison, Tho witness stood
talking with Ooyle for fully ter min
utes after Elliott left; after talking
awhile they went out Front street. and
the witness left CJyle standing on the
| COI0oI Vi Iuut Duo otohko ossoe VI eau
uever saw him afterwArd until he was
con frouted by him at the almshouse.
When the witness left C0yle be had
not been struck by Robert Elliott with
anything. The witness lived about two
blocks and half from where he. left
Ooyle. and reached his home ut II
O'Clock.
| The witness WAS eroB.exsmired at
length by Deputy Attorney General
/ Biggs, bat nothing was brought out
which materially differed from his d.
rect testlu ony.
| After re direct examination by Mr..
Turner, the witness was permitted to
leave the stand.
| Frank Duncan testified that he
/ boards In the same house with Elicit,
and boarded there on DC ;ober LIST. The
witness was at the Opera House that
| night ard reached home about IL 10
O'Clock. Shortly after he got In the
house Elliott came in, and he judged II
| was about twenty minutes after eleven
then. The witness let him In, a3d after
| he came in the sitting room, took his
| crutohes Into the front ro1m.
| Elliott went to bed shortly after
wards, and the witness, who slept In
the same room, did.the same. About 8
O'Clock In the n orning the witness had
occasion TO get up, and saw thYt Elliott
was sound asleep. They both got up
| between 8 and 7 O'Clock the next IN orn-
ing.
william Elliott WAS sworn, and testi.
fed that be resides with his brother at
his fathers house on Justieon street,
bstween Front and Seoond streets.
On the night Of October LIST, he WAS
confined to the house with sore leg
and slept down stairs on q settee. Dun.
| Gao cs me In about IL 10 O'Clock, and
bis brother Robert came In few min.
utsB later. 1t was evident to the wit
ness that his brother had been drink
| ing, bat he was not drunk. He went
to bed shortly after he came In and, rs
the witness was awake considerable
during the night, he was certain tnAt
his brother Was not mp from the time he
wentt0 bed until he arose In the morn
ing.
Chief OF Police Dougherty was re.
called, and Mr.. Turner asked him II,
when he arrested Elliott, his actions or
demeanor we're such as to indicate that
he had committed IN urder. Objection
was made By Deputy Attorney General
BigRs, but after q bIitf argument the
court sustained the question. aud the
witness answered that that when the
prisoner was made acquainted with the
Charge he did not show any more feel
| ing than any one would under the cir
cumstaDces, and offered to 20 any " here
with the officers.
Officer Gross was recalled, and testi-
fed that when he arrested Elliott heidi
not tell him what the charge was Is ainst
h ~ kaA tnt. IL -
Chief WAS. The remainder OF his testi-
nony corroborated that given by the
Chief.
John Dugap, John Gormley and
James r. McGonigal each testified that
the general reputation OF tho prisoner
for peace and order 10 good.
Patrick Haggerty was recalled, and
testified that when he fonnd Coyle in
the coal yard he WAS ~ ing 30 close to an
old cart which WAS standing there that
his feet almost touched tho shafts. The
| coal yard at that time was ais fire.
quented by o great many tramps, who
went there at night to sleep.
The de fence closed with this witness,
when Mr.. BiKgs addressed the court
and said he did not know how far he
| could 90 to contradict Matthew Mo.
| DonouGh, and the only way he thought
he could impeach the testimony was By
the statemeI made by Coyle when he
knew aud recognised thai he was In q
or teal condition and In danger oil
death.
He thought the dying declaration oil
Coyle should be admitted as evidence,
as that was the only way by which the
testimony OF the main Witness for the
defente could be contradicted.
The admission of this testimony WA
objected to by Mr.. Turner, who said
that be could produce authorities t.
show that In case like this sucn evi
dence would be mad nissable. 1t hat
been held by the best Judges on tb,
English bench, aud sustained by THU
Court that q declaration made by 8
man was nothing but heresay testi
mony, unless 1t was shown that a
the time the statement was made til,
one making II was fully conscious tina
: he was In dying condition and woul,
soon be In the presence Of bis maker
, Then, and only then, could such testi
mon. b. admitted as being clothed will
, the same sanctity az 1t would be II tn
one giving 1t WAS alive and had state,
J 1t fro n the witness box, under the sanC
tity of an oath.
! The Court, however, decided that |
l would be competent to produce som
I one who had heard Coyles sta -emep
I to contradict 1t. McDOnough an
8 Officer Coos were recalled. lie tes fie
b that the day Elliott was taken befor
] Coyle. the latter said in his presence
8 that bcDonough was with Elliott whe
), he struck Coyle with The crutch.
9 The State closed, and MIR. Turner r,
II called Chief OF Police Dougherty, wh
r testified that be heard Doyle say tbs
q be thought MoDopough was with e
ltott and him, but he could not sse,
to H.